Beitzah 12a (יב.) — the Talmud in English

Master

Beit Shammai

held: We issue a decree concerning a hinge in the middle on account of a hinge on the side

which resembles a fully constructed building; therefore, they also prohibited replacing a shutter whose hinge is in the middle.

And the Master

of Beit Hillel

held: We do not issue such a decree.

It follows that there is no dispute between the two beraitot. Rather, the first beraita taught us the dispute between Beit Shammai and Beit Hillel in a case where they have a hinge in the middle, and therefore concluded that if they have no hinge at all, everyone agrees that it is permitted.

Whereas the second beraita presented the dispute in the opposite manner: that is, they disagreed when they have no hinge on the side, but only in the middle; therefore, it concluded that if they have a hinge—that is, on the side—everyone agrees that it is prohibited to replace them.

The sugya before us discusses the parameters of the permission to perform labor for the sake of food preparation on a Festival. As an introduction, we set out the verses that concern labor on a Festival.

In the passage concerning the Exodus from Egypt [Exodus 12:16], with regard to Passover, it is stated: “And on the first day there shall be a sacred occasion, and on the seventh day there shall be a sacred occasion for you; no labor may be performed on them, except for whatever is eaten by every person—that alone may be prepared for you.”

By contrast, in the passage concerning the Festivals [Leviticus 23], no permission to perform labor for the sake of food preparation is mentioned. Rather, it is stated there as follows:

Regarding the first day of Passover: “On the first day you shall have a sacred occasion; you shall not perform any laborious work” [23:7].

Regarding the seventh day of Passover: “On the seventh day you shall have a sacred occasion; you shall not perform any laborious work” [23:8].

Regarding Shavuot: “You shall have a sacred occasion; you shall not perform any laborious work” [23:21].

Regarding Rosh HaShana: “A remembrance of the blast, a sacred occasion; you shall not perform any laborious work” [23:24].

Regarding Sukkot: “On the first day there shall be a sacred occasion; you shall not perform any laborious work” [23:35].

Regarding Shemini Atzeret: “On the eighth day there shall be a sacred occasion; you shall not perform any laborious work” [23:36].

Whereas regarding Shabbat and Yom Kippur it is stated: “You shall not perform any labor” [23:3, 28].

Ramban wrote that on all the Festivals the phrase “laborious work” is stated to exclude labor involved in food preparation, which is permitted on a Festival. Such labor is considered “labor of enjoyment” and is not included in “laborious work” . Only regarding Shabbat and Yom Kippur is the prohibition stated simply as “labor,” because every labor is prohibited on those days.

He cited Rabbeinu Hananel as saying that this is why the verse in the passage concerning the Exodus had to explicitly permit labor involved in food preparation: Since it says there, “No labor may be performed,” this wording also includes labor involved in food preparation, until the verse excluded it from the general rule. In the other Festivals, it is stated briefly that only “laborious work” was prohibited. His words are cited in Sefer HaHinukh [mitzva 298]. See also the words of Ibn Ezra in the passage concerning the Exodus.

Mishna:

Carrying from one domain to another when it is performed for the sake of food preparation is permitted on a Festival according to everyone.

However, Beit Shammai and Beit Hillel disagreed concerning carrying that is not for the sake of food preparation:

Beit Shammai say: One may carry

on a Festival

neither a child

to stroll with him, nor even to circumcise him ,

nor a lulav

for the purpose of shaking it,

nor a Torah

scroll

to read from it, from a private domain

to the public domain,

because this is not carrying for the sake of food preparation, and on a Festival only labor involved in food preparation was permitted .

And Beit Hillel permit,

for the reason that will be explained in the Gemara.

Gemara:

A tanna taught before Rabbi Yitzḥak bar Avdimi: One who slaughters a voluntary burnt offering on a Festival—

is liable to lashes,

because he violated the prohibition “You shall not perform any labor” when he performed labor for the sake of a burnt offering that is not eaten. The Torah permitted slaughtering on a Festival only a burnt offering that is an obligation of the day .

He said to him

Rabbi Yitzḥak, the tanna:

The one who told you

this beraita,

whose opinion is it,

from whose words is it? It must necessarily be the opinion of

Beit Shammai, who say: “Since carrying out was permitted for the sake

of food preparation,

it was likewise permitted when not for the sake of

food preparation.” Therefore, they did not permit the slaughter of an olah, which is not for the purpose of food preparation.

For if

it were in accordance with the opinion of

Beit Hillel, they say

in our Mishna that it is permitted to carry out objects that are not for the purpose of food preparation. Necessarily, they held that

since carrying out was permitted for the sake of

food preparation,

it was likewise permitted

carrying out

when not for that purpose!

And according to their opinion,

here too,

the same law applies: slaughter that is not for the purpose of food preparation, but for the sake of Heaven, was likewise permitted.

For

since slaughter was permitted for the sake of

a person’s food preparation,

it was likewise permitted when not for the sake of

a person’s needs. And even though an olah is not eaten, it is permitted to slaughter it for the purpose of offering it, even if it is a voluntary offering. Why, then, should he be liable to receive lashes?

Rabba raised an objection to this: From where do you know that Beit Shammai and Beit Hillel

disagree about this?

Perhaps

even according to Beit Hillel we do not say the principle of “since,” and the matter discussed in our Mishna, which concerns carrying out and not slaughter, is accepted by all.

The subject of our Mishna is

a

completely different question:

whether there is an enactment of

an eruv

of courtyards,

and

whether the prohibition against the labor of

carrying out

applies

only on Shabbat, and there is no

enactment of

an eruv

of courtyards,

and

there is no prohibition whatsoever against

carrying out on a Festival.

Or perhaps the prohibition against carrying out and the enactment of an eruv of courtyards apply on a Festival as well—

And

this is what

Beit Shammai and Beit Hillel disagree about, as the Gemara explains:

One master,

Beit Shammai,

held:

there is

an eruv and carrying out on Shabbat, and

there is

an eruv and carrying out on a Festival.

Therefore, on a Festival only carrying out for the purpose of food preparation was permitted.

And the other master,

Beit Hillel,

held:

there is

an eruv for carrying out on Shabbat, but there is no eruv or carrying out on a Festival.

Therefore, it is permitted to carry out on a Festival even objects that are not needed for food preparation.

And the source for distinguishing between Shabbat and a Festival specifically with regard to the labor of carrying out is demonstrated

as it is written

in the words of the prophet Jeremiah, chapter 17:

“And do not carry a burden out of your houses on the Sabbath day.”

And this is likewise what we should infer from the verse:

On Shabbat—

yes,

do not carry out!

But

on a Festival—

no,

carrying out was not prohibited for you!

It follows that Beit Hillel too could hold as we learned in the beraita, that one who slaughters a voluntary olah on a Festival is liable to receive lashes, because the labor of slaughter was not permitted on a Festival when not performed for a permitted purpose. After all, we stated this principle only with regard to carrying out, which was not prohibited on a Festival.

Rav Yosef raised an objection to Rabba

concerning this:

If that is so,

that according to Beit Hillel carrying out was not prohibited at all on a Festival—

let

Beit Hillel disagree with Beit Shammai also

about

carrying out

stones,

and let them inform us that according to their opinion it is permitted to carry out stones into the public domain on a Festival, whereas on Shabbat even moving them within the house is prohibited! And one cannot say that stones are prohibited to move because of muktzeh, for the entire enactment prohibiting the movement of stones on Shabbat was intended to prevent the danger of carrying out. [The reason they did not enact a prohibition against moving food and vessels was that the public could not withstand such an enactment.] If there is no prohibition against carrying out on a Festival, there is no reason to enact a prohibition against moving stones on a Festival either!?

And

Rav Yosef proves:

But, since Beit Hillel did not distinguish

Beit Hillel

with regard to stones—

conclude from it

that everyone agrees that carrying out is considered a labor on a Festival, and it was permitted only for the purpose of food preparation, like the other labors. [

And the reason Jeremiah warned them specifically concerning Shabbatot was not that there is no prohibition against carrying out on a Festival, but because the prohibitions of Shabbat are more severe, as violation of them is punishable by stoning, and he hoped that they would heed him and refrain from carrying out at least on Shabbat—Rashi.]

Only

with regard to carrying out when not necessary do they disagree:

Beit Hillel held that by Torah law it is permitted through the principle of “since it was permitted for the sake of food preparation,” [and only the Sages prohibited it when one engages in it laboriously without a purpose] , whereas Beit Shammai prohibited it by Torah law when it is performed without the purpose of food preparation.

And the Gemara adds:

And Rabbi Yohanan also holds

that Beit Shammai and Beit Hillel

disagree over the principle that “since carrying out was permitted for a need, it was also permitted when not for a need.”

And all agree that carrying out is considered a Torah-prohibited labor on Yom Tov.

As a tanna recited before Rabbi Yohanan: One who cooks a sciatic nerve in milk on Yom Tov and eats it—

is flogged five times.

a.

He is flogged for cooking the sciatic nerve,

that is, for performing the labor of cooking on Yom Tov, since this cooking is not for a permitted need, as he is cooking a sciatic nerve that is forbidden to eat.

b.

And he is flogged for eating the

sciatic nerve.

c.

And he is flogged for cooking meat with milk. [And for this he is flogged even on a weekday.]

And for that he also receives lashes on a weekday].

d.

And he is flogged for eating meat,

the sciatic nerve that was cooked

in milk.

e.

And he is flogged

for

the labor of

kindling

the fire beneath the vessel in which he is cooking.